If you're a business owner in New Orleans, you know how devastating a hurricane can be to your commercial property. The city's location makes it prone to severe weather conditions, and the impact can be catastrophic.
The Louisiana Insurance Guaranty Association (LIGA) steps in to help policyholders when insurance companies become insolvent. This means that even if your insurance company goes out of business, you may still be able to recover some of your losses.
As a commercial property owner, it's essential to have the right insurance coverage to protect your business from hurricane damage. The National Flood Insurance Program (NFIP) is a good starting point, but you may also need to consider other types of insurance, such as windstorm or business interruption coverage.
Causes and Filing in Louisiana
Hurricanes in Louisiana can cause massive property damage, from downed trees and power lines to flooded homes and wrecked vehicles. The sheer volume of property damage claims insurance companies receive after a storm is overwhelming.
If the insurance company disputes whether the hurricane or another factor caused the damage, your claim might face complications. This can be a challenge, especially when it comes to filing a claim.
In Louisiana, the specific timeframe for filing a hurricane damage claim can vary depending on your insurance policy and the circumstances of the damage. Generally, filing a claim as soon as possible after the hurricane or storm event is advisable to ensure timely processing and assessment.
Here are some key considerations regarding when to file your commercial property insurance claim:
- Filing a claim as soon as possible after the hurricane or storm event is advisable.
- Review your policy and contact your provider promptly to initiate the claims process.
- Prompt action is essential to ensure a smooth claims process and maximum compensation.
Causes in Louisiana
Hurricanes in Louisiana can cause a wide range of property damage. Downed trees and power lines are often a result of strong winds.
The sheer volume of property damage claims after a storm is overwhelming. Insurance companies receive an enormous number of claims, making the process of getting compensation even more challenging.
Damaged roads and bridges are common after a hurricane. Broken windows are also a frequent sight.
Flooded homes and water-damaged personal belongings are a major concern for many people. Wrecked vehicles and boats are also a common issue.
Bacteria and mold growth can occur in homes after a hurricane, causing health concerns. Lack of utilities, including water, gas, electricity, and phone, can also be a problem.
Water contamination from sewage, gas, and oil can be a serious issue after a hurricane. Cleanup can take months or even years, making it essential to have a plan in place.
Here are some common types of property damage caused by Louisiana hurricanes:
- Downed trees and power lines
- Damaged roads and bridges
- Broken windows
- Flooded homes
- Water-damaged personal belongings
- Wrecked vehicles and boats
- Bacteria and mold
- Lack of utilities (water, gas, electricity, phone)
- Water contamination (sewage, gas, oil, etc.)
Filing in Louisiana
Filing a hurricane insurance claim in Louisiana requires some preparation and attention to detail. Take photos of the damage to your dwelling, its contents, and other structures from every angle possible.
To document your claim, write a list of all damaged property and take notes on all communications with the insurance company, whether by phone, email, or in person. Save every invoice and receipt, as they may be needed to support your claim.
Limiting additional damage to your property as much as is practical can help prevent some of the potential complications involved in New Orleans hurricane claims. This can be done by putting a tarp on your roof to prevent further damage and removing damaged drywall and flooring where reasonable.
In Louisiana, insurers generally cannot increase the named storm or hurricane deductible if policies that have been in effect for more than three years. They also cannot impose more than one named storm or hurricane deductible per hurricane season.
Review your insurance policy and contact your provider promptly to initiate the claims process. Filing a claim as soon as possible after the hurricane or storm event is advisable to ensure timely processing and assessment.
You have just one year to file your hurricane claim lawsuit if your dispute with the insurance company cannot be resolved through mediation or arbitration. Filing on time is crucial to avoid losing your right to seek justice through the courts.
Here's a summary of key considerations for filing a hurricane insurance claim in Louisiana:
- Take photos of the damage
- Write a list of damaged property
- Document all communications with the insurance company
- Save all invoices and receipts
- Limit additional damage to your property
- File your claim as soon as possible
- Review your policy and contact your provider promptly
Multiple Storms
After a big hurricane in coastal Louisiana, it’s common for people to tell you to be ready for another big storm in two weeks. This doesn’t always happen, but it has happened often enough to bring up common insurance questions.
In Louisiana law, insurance companies are prevented from making you meet your deductible for more than one storm in a year. This means you won't have to pay twice.
The law allows insurance companies to only apply the “other perils” deductible for the second and distinct storm. This deductible is for hurricane, named storm, and wind and hail damage that are separate and less than your homeowners insurance deductible.
Common Issues with Insurance Claims
Common issues with insurance claims can arise from various factors. Failing to promptly report damage to your insurer within specified deadlines can jeopardize your claim. Most policies have a timeframe within which you must report the damage.
Lack of proper documentation, such as photos, videos, receipts, and detailed descriptions of the damage, can hinder your claim's progress. Inadequate documentation can lead to complications in the claim process.
Some common issues with insurance claims include:
- Failing to begin loss adjustment in a timely manner
- Failing to communicate with the policyholder
- Delaying the claim without good reason
- Ignoring damaged items that you listed in the claim
- Undervaluing the hurricane damage
- Misrepresenting policy terms
- Refusing to inspect the property when requested
- Refusing to share reports when requested
- Making unreasonable requests for information and documentation
Disputes over the cause of damage can also complicate claims. If the insurance company disputes whether the hurricane or another factor caused the damage, your claim might face complications.
Common Issues
Hurricanes can cause catastrophic damage, and dealing with insurance claims can be a nightmare. Many policyholders face common issues with hurricane damage claims in New Orleans.
Disputes with contractors can complicate the claim process. Disagreements regarding repair costs and procedures with contractors or repair companies can lead to further complications.
Hurricane insurance claim disputes are not uncommon in New Orleans. Next to Florida, Texas and Louisiana run neck-and-neck for the most hurricanes each year.
Insurance companies may not always act in good faith. Attorney Brent Curia knows which insurance companies act in good faith and which ones don’t.
Policyholders shouldn't have to deal with an uncooperative insurer after maintaining their coverage. Yet, you shouldn’t have to deal with an uncooperative insurer after maintaining your coverage.
Late Reporting:
Failing to report damage to your insurer on time can jeopardize your claim. This can lead to denied claims or reduced payouts.
Most policies have a specified timeframe for reporting damage, which must be adhered to. This timeframe is usually clearly stated in your policy documents.
Prompt reporting is crucial to ensure a smooth claims process. Delays can complicate matters and lead to unnecessary stress.
Failing to report damage within the specified deadline can result in your claim being rejected. This is why it's essential to keep track of the reporting deadlines outlined in your policy.
Lack of Documentation
Lack of documentation can hinder your claim, so it's essential to properly document the damage. Any deviation from the policy terms and responsibilities can potentially void your claim.
Proper documentation includes photos, videos, receipts, and detailed descriptions of the damage. Lack of such documentation can hinder your claim's progress.
Disputes over the cause of damage can also arise if the insurance company disputes whether the damage was caused by a hurricane or another factor. Your claim might face complications if this happens.
You Deserve What You're Covered For
You deserve to be made whole after a hurricane damages your property, and your insurance policy is designed to provide relief in situations just like this. Our New Orleans hurricane insurance attorneys will review the details of your policy to determine the true value of your claim.
If your insurance company is acting in bad faith by unjustly delaying, denying, or underpaying your claim, we'll hold them accountable and seek appropriate compensation.
You purchased hurricane insurance to provide relief in situations just like this, and you have rights under Louisiana R.S. 22:1973, a law that protects claimants from bad-faith insurance practices. Our team will review the details of your policy, file your claim, communicate with the claims adjuster, and assess the extent of your property's damage.
A hurricane can sweep through a neighborhood and cause millions of dollars of damage within a few minutes. You could have coverage for payment for repairs, replacing property, flood damage, water damage, temporary housing, and business interruption.
Here are some common forms of commercial property damage that you can claim:
- Hurricane Damage
- Fire and Water Damage
- Theft and Vandalism
- Structural Damage
- Equipment and Machinery Damage
- Business Interruption
- Inventory and Stock Loss
- Loss of Documents
- Roof and Window Damage
- Tenant Improvements
- Environmental Damage
Potential Legal Complications
Insurance policies can be tricky to understand, leading to disagreements about what's covered and requiring legal clarification.
Disputes can arise when assessing the value of your property after damage, which can be a complex and time-consuming process.
Calculating losses when your business is temporarily closed can be a challenge, especially when guided by Louisiana law.
Missing deadlines for claims or legal actions can be costly, with various Louisiana statutes governing these deadlines.
Here are some potential legal complications to be aware of:
- Disagreements about policy coverage
- Determining the value of damaged property
- Calculating business losses
- Missing claim deadlines
- Unreasonable delays or denials by insurers
If faced with these challenges, seeking legal advice from an experienced New Orleans commercial hurricane insurance attorney can be a valuable step in finding the right solutions.
Legal Options and Initiating Action
If your insurance claim is rejected, you can pursue several legal options to seek a fair resolution. You can initiate legal action by filing a lawsuit in a Louisiana court to pursue the benefits you believe you are entitled to under your policy.
Disputes can arise when assessing how much your property is worth after damage, and calculating losses when your business is temporarily closed can be complex. Legal considerations, sometimes guided by Louisiana law, can be very puzzling.
If your insurer unreasonably denies or delays your claim in bad faith, you have the right to challenge them under Louisiana law. Missing deadlines for claims or legal actions can be a costly mistake, and various Louisiana statutes govern these deadlines.
Here are some key steps you can take:
- File a lawsuit in a Louisiana court to pursue the benefits you believe you are entitled to under your policy.
- Document your case thoroughly, gather evidence, and seek legal advice from an attorney who deals in commercial insurance matters.
- If faced with unreasonable delays or denials, seek legal advice from hurricane insurance attorneys familiar with insurance law.
- Rely on a lawyer to ensure you meet all statutory deadlines, avoiding potential loss of rights due to missed deadlines.
Deductibles and Coverage
Deductibles for hurricane damage in Louisiana can be a complex issue. Named storm deductibles are activated when the National Hurricane Center reports that a storm reached tropical storm strength, which is when winds reach 39 miles per hour.
Insurance companies in Louisiana can charge special deductibles for hurricane damage, but they generally cannot increase the named storm or hurricane deductible if policies that have been in effect for more than three years.
If the cost of repairs falls below your deductible, the insurance company won’t pay for the claim, a phenomenon known as an unmet deductible.
A standard homeowners policy covers hurricane damage in Louisiana, but it will not cover flooding – from a hurricane or any other source. A separate policy must be purchased that covers flood and storm surge damage.
Here are the types of deductibles that may be applied in Louisiana:
- Named storm deductibles: activated when the National Hurricane Center reports that a storm reached tropical storm strength (39 mph winds)
- Hurricane deductibles: activated when the National Hurricane Center reports that a tropical storm reaches hurricane strength (74 mph winds)
- Windstorm and hail deductibles: used when homes sustain damage from winds from any source, including hurricanes, tropical storms, tornadoes, or other extreme weather
It’s essential to review your hurricane insurance policy every year before the season begins to ensure you understand what damage the insurance company will pay for and what is not covered under your policy.
Disputes
Disputes can arise in the aftermath of a hurricane, and it's essential to understand the common issues that may lead to disputes with your insurance company. Failing to begin loss adjustment in a timely manner is one such issue.
Insurance companies may also dispute the cause of damage, which can complicate the claim process. Disputes regarding repair costs and procedures with contractors or repair companies can also complicate the claim process.
Delays in resolving a hurricane damage claim can occur for a number of reasons. Failing to schedule an inspection in a timely manner and failing to return calls and messages from the policyholder are common ways that insurance companies delay claims.
Some insurance companies may also delay claims by requiring multiple inspections and repeatedly requesting new documentation. Lack of proper documentation, such as photos, videos, receipts, and detailed descriptions of the damage, can hinder your claim's progress.
Making initial settlement offers that are far below the reasonable cost of repairs can pressure policyholders into settling for less than they deserve. Insurance companies may also dispute whether the hurricane or another factor caused the damage, which can lead to complications.
Here are some tactics that might be perceived as attempts to delay claim resolution:
- Delayed reporting: Failing to promptly report the damage to your insurance company can complicate your claim.
- Bad faith claims against insurers: If your insurance company is acting in bad faith by unjustly delaying, denying, or underpaying your claim, you may be able to seek compensation.
- Lowball offers: Making initial settlement offers that are far below the reasonable cost of repairs can pressure policyholders into settling for less than they deserve.
- Lack of documentation: Inadequate documentation of the damage can hinder your claim.
- Insufficient repairs: If the insurance company determines that your repairs are insufficient or not up to code, they might deny the claim until proper repairs are made.
Complications and Exclusions
Complications and Exclusions can be a major headache when dealing with hurricane damage insurance claims in Louisiana. Policy Exclusions are a key consideration, as certain damages like flooding may require separate flood insurance coverage. Review your policy carefully to understand what's covered and what's not.
Pre-existing damage to your property can also complicate matters. If your property had existing damage prior to the hurricane, it could be challenging to differentiate between the pre-existing damage and the damage caused by the hurricane. This can lead to disputes with your insurance company.
Disputes and Litigation
Disputes with insurance companies can arise from various issues, including disputed causes of damage, disagreements with contractors, and uncooperative insurers.
If the insurance company disputes the cause of the damage, your claim might face complications, as seen in Example 3.
Disagreements with contractors or repair companies can complicate the claim process, as mentioned in Example 4.
If disputes arise between you and the insurance company, legal actions or litigation can further prolong the claim resolution, as stated in Example 5.
In Louisiana, insurance companies are required to investigate claims promptly and pay them in good faith, or face penalties, including double the value of the claim, attorney's fees, and other damages.
Examples of bad faith include failing to begin loss adjustment in a timely manner, failing to communicate with the policyholder, and undervaluing the hurricane damage, as listed in Example 1.
If your insurance company has acted in bad faith, a New Orleans insurance dispute lawyer can help protect your legal rights.
If you're dealing with an uncooperative insurer, you shouldn't have to handle it alone. A New Orleans hurricane insurance claim dispute lawyer can guide you through the process and help you achieve a fair conclusion, as seen in Example 2.
Understanding Your Rights and Obligations
As a business owner in a hurricane-prone area like New Orleans, it's essential to understand your rights and obligations when it comes to commercial hurricane insurance. Knowing Your Rights: Please familiarize yourself with the Louisiana Insurance Code and its policy terms to understand your rights.
Navigating commercial property insurance claims can be overwhelming, but being informed can make all the difference. Success often goes hand in hand with resilience, and being prepared for the unexpected is key to protecting your business.
Please familiarize yourself with the Louisiana Insurance Code and its policy terms to understand your rights. Unforeseen disasters like hurricanes can put your livelihood at risk, making it crucial to have a solid understanding of your insurance policy.
Commercial property insurance claims can be complex, but being aware of your rights can help you navigate the process with confidence. Your commercial property is the foundation of your operations, and it's essential to protect it from unforeseen disasters.
Frequently Asked Questions
Does commercial insurance cover hurricane damage?
Yes, commercial property insurance typically covers damage from hurricane winds, including structural damage and loss of inventory or equipment. This protection can help mitigate the financial impact of a hurricane on your business.
Can you get hurricane insurance in New Orleans?
Yes, you can get home insurance with hurricane deductibles in Louisiana, including New Orleans, with options ranging from $500 to $10,000. Learn more about your hurricane insurance options and how to choose the right deductible for your needs.
How to get insurance to pay for hurricane damage?
To get insurance to pay for hurricane damage, check if your policy includes "windstorm" coverage, as it may be the only category that covers wind-related damages. However, standard policies typically exclude flooding, including storm surge, so you may need to purchase separate flood insurance.
Sources
- https://www.jjclaw.com/hurricane-claims/
- https://hammondlaw.com/hurricane-insurance-claims/commercial-property-insurance-claims/
- https://www.cardonelaw.com/hurricane-damage.html
- https://cuerialawfirm.com/new-orleans-injury-lawyer/hurricane-insurance-claims/
- https://hammondlaw.com/hurricane-insurance-claims/
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